Every crime in California consists of "elements." These are facts the prosecutor must prove to make a case in court. In this section, we break down each crime into its elements. Then we discuss the best ways to fight the charge, and the penalties that stem from a conviction.

If you got charged with a crime, check the documents for the code section you are accused of violating. Then find our page addressing that code section. We will explain the law, potential penalties, and how best to fight the charge.

All crimes in Nevada consist of "elements." An element is a fact that the prosecutor must prove beyond a reasonable doubt for the defendant to be convicted. In this section, our Nevada criminal defense attorneys discuss the elements of each crime. Then we explain effective ways to defend against the charge, and what penalties a conviction may carry.

Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.

In Las Vegas Nevada, selling a million cigarettes can make you a fortune, but selling one joint can get you arrested, charged, convicted and imprisoned for a felony. On this page, our Clark County NV criminal defense attorneys will tell you all about:

the "unauthorized acts" that Nevada law prohibits, including transporting and selling pot;

the defenses you may raise against a Nevada charge of sales, transportation or cultivation of marijuana;

the enhancements that increase Nevada State Prison sentences for "unauthorized acts" with marijuana.

(1) "Unauthorized acts" with marijuana in Las Vegas, NV.

In Las Vegas, the least serious marijuana crime is simple possession for personal use, followed by

possession for the purpose of sale. Penalties get a lot steeper, however, if you are convicted of doing "unauthorized acts" with the marijuana, such as selling it rather than merely possessing it.

The "unauthorized acts" that this law prohibits include: selling, prescribing, transporting, importing, administering, supplying, bartering, dispensing, exchanging, or giving away the marijuana. Furthermore, just "offering" or "attempting" to do these acts may be sufficient for the prosecution to press charges in Clark County.

Most arrests made under this law involve the sale of marijuana in Nevada, and they are usually the result of 1) an undercover officer setting up a sale with an alleged marijuana dealer, or 2) concealed police officers observing a hand-to-hand sale:

Undercover officers

In an effort to catch alleged sellers in the act, the Las Vegas Police routinely orchestrate stings or "controlled buys." Undercover police officers will contact suspected sellers in person, over the phone, or over the internet to set up a drug sale. These officers may even dress up to appear like druggies.

Remember, an offer to sell or an attempt to sell marijuana is considered just as illegal as selling marijuana. So if an undercover officer approaches a suspect and offers money for weed, and if the suspect then agrees to provide the weed at a later date, the officer may still make an arrest despite that no sale took place.

Observing hand-to-hand sales

When police get a tip about a drug deal in Clark County, they may go to the site where the transaction is supposed to take place and set up surveillance. If they witness a hand-to-hand sale, they will then detain the alleged buyer and seller.

When searching the alleged buyer and seller, the officer hopes to find that they are carrying the same kind of weed and that the suspected seller is carrying cash. This might suggest to a Las Vegas court that the alleged buyer just bought the weed from the suspected seller.

Sometimes, if the alleged buyer admits to the officer that he did in fact buy pot from the suspected seller, the officer might let the buyer go and arrest only the seller. This is because selling pot is a more serious crime than merely possessing it, and law enforcement is usually more concerned with busting drug sellers than people who buy small amounts for personal use.

(2) Defenses for sale or transportation of marijuana in Las Vegas, NV.

The defenses you may use against a charge involving unauthorized acts with marijuana depend on the specific act that you were accused of and the facts of your case. Here are some common defenses for "unauthorized acts" in Nevada:

Medical Marijuana:

If you are accused of dispensing marijuana in Clark County, showing that you are a licensed dispenser under the Nevada Medical Marijuana Program should work as a valid defense to get the case dismissed. (NRS 453A.310)

Entrapment:

As described above in the first section, the police are allowed to lure unsuspecting drug dealers into selling them marijuana so that they can then arrest the dealers. it is an extremely unfair police practice. On the upside, however, officers may not induce people into committing crimes that they probably would not have committed otherwise.

Therefore, if you are accused of selling marijuana in Las Vegas, the charge may be reduced to possession or dismissed if you can prove that you would not have sold the marijuana but for the police's interference.

Lack of credibility or corroboration:

In order to convict you for an "unauthorized act" with marijuana, a Clark County court requires proof that you actually committed the act. This proof usually comes in the form of the officer's eye-witness account and/or physical evidence, such as bags of pot and cash. If you can show that the officer lacks credibility and/or that there is little physical evidence to corroborate the officer's testimony, then you may be able to get the case dismissed.

For example, if your case involves an "offer to sell" and therefore no marijuana or money has been exchanged, there is a lack of corroboration because there is no physical evidence. At that point, the only thing remaining against you is the officer's testimony, and if your Nevada criminal defense attorney can attack his/her credibility, you may be able to get the case dismissed.

(3) Penalties for selling or transporting marijuana in Las Vegas, NV.

In Las Vegas NV, selling or committing other unauthorized acts with marijuana is a category B felony in Nevada. However, if the marijuana weighs in at fifty pounds (50 lbs.) or more, then Nevada's harsher trafficking laws apply.

Penalties for unauthorized marijuana acts increase with each subsequent offense:

For a first offense, the court may grant probation and suspend the sentence. Otherwise, you may face one to six years in Nevada State Prison with an optional fine of up to $20,000.

For a second offense, OR if you have already been convicted in another court of the same crime, you may face two to ten years imprisonment with an optional fine of up to $20,000. The court may not grant probation and suspend the sentence.

For a third offense, OR if you have already been convicted twice in another court of the same crime, you may face three to fifteen years in imprisonment with an optional fine of up to $20,000. The court may not grant probation and suspend the sentence.

As discussed below, prison sentences increase greatly if the unauthorized act involved selling to a minor or took place near children. For penalties for the Nevada crime of growing marijuana, go to our page on the Nevada crime of growing marijuana.

For a second offense of selling marijuana to a minor, you may face imprisonment for fifteen years to life, with the possibility of parole after five years. The court may also impose fines of up to $20,000 and other restitution associated with rehabilitating the minor involved. (NRS 453.334)

If you have been arrested for a marijuana crime in Nevada, we are here to help:

Remember, you are presumed innocent until convicted. Our Nevada marijuana attorneys will negotiate aggressively with prosecutors to dismiss or reduce your charges, and to fight for you if your case goes to trial.

Get Quick Legal Help

Please stand by. A member of our staff usually responds within a few minutes

Please complete all required fields below.

Name *

Phone *

Email

City where case is located *

Tell us what happened *

Check all that apply
I'd like to come in for a free consultation
I'm only seeking information
I'm looking to hire an attorney
I'd like to discuss by phone rather than come in

Contact our Nevada Firm

This contact form is the BEST way to reach us (better than calling). It gets routed to the right attorney, and most responses are within 5 minutes

Please stand by. Someone will contact you momentarily.

Please complete all required fields below.

Name *

Phone *

Can we text you at this number? *

Email

City where case is located *

Tell us what happened *

Check all that apply
I'm looking to hire an attorney
I'm only seeking information
Send me LVDG's monthly legal e-newletter
I'd prefer to discuss the matter by phone
I'd like to come in for a FREE consultation

If you'd like to come in for a FREE consultation, what day? (Please select one day, and your appointment is now confirmed.)
Monday
Tuesday
Wednesday
Thursday
Friday

If you'd like to come in for a FREE consultation, what time? (Please select one time slot, and your appointment is now confirmed.)
9am-10am
10am-11am
11am-12pm
2pm-3pm
3pm-4pm
4pm-5pm

Contact Our Firm

Most responses within 5 minutes.

Thank you for contacting us. We will get back to you shortly.

Please complete all required fields below.

Name *

Phone *

Email

City where case is located *

Tell us what happened *

Contact Our Firm.

Most responses within 5 minutes.

Thank you for contacting us. We will get back to you shortly.

Please complete all required fields below.

Name *

Phone *

Can we text you at this number? *

City where case is located *

Tell us what happened *

Email

Contact our Colorado Firm

Thank you for contacting us. We will get back to you shortly.

Please complete all required fields below.

Name *

Phone *

Can we text you at this number? *
Yes
No

City where Case is Located *

Message *

Email *

Check all that apply: *
I'm looking to hire an attorney
I'm only seeking information
I'd like to come in for a free consultation
I'd prefer to discuss the matter by phone

Featured on:

Featured on:

Client Feedback - California

Client Feedback - Nevada

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Regain peace of mind...

Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.